PRINTER'S NO. 616
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
621
Session of
2019
INTRODUCED BY F. KELLER, BERNSTINE, COX, DUNBAR, GABLER, GROVE,
IRVIN, JAMES, KAUFFMAN, KEEFER, MACKENZIE, MENTZER, MILLARD,
OBERLANDER, PICKETT, ROTHMAN, RYAN, STAATS AND ZIMMERMAN,
FEBRUARY 28, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 28, 2019
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), entitled "An act establishing a system of
unemployment compensation to be administered by the
Department of Labor and Industry and its existing and newly
created agencies with personnel (with certain exceptions)
selected on a civil service basis; requiring employers to
keep records and make reports, and certain employers to pay
contributions based on payrolls to provide moneys for the
payment of compensation to certain unemployed persons;
providing procedure and administrative details for the
determination, payment and collection of such contributions
and the payment of such compensation; providing for
cooperation with the Federal Government and its agencies;
creating certain special funds in the custody of the State
Treasurer; and prescribing penalties," in preliminary
provisions, further providing for definitions; in
contributions by employers and employees, further providing
for relief from charges; in compensation, further providing
for ineligibility for compensation; and providing for
applicability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of December 5, 1936 (2nd Sp.
Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, is amended by adding subsections to read:
Section 4. Definitions.--The following words and phrases, as
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used in this act, shall have the following meanings, unless the
context clearly requires otherwise.
* * *
(z.8) "Abuse" means one or more of the following:
(1) Attempting to cause or causing physical harm.
(2) Placing another in fear of imminent serious physical
harm.
(3) Causing another to engage involuntarily in sexual
relations by force, threat or duress or engaging or threatening
to engage in sexual activity with a dependent child.
(4) Engaging in mental abuse, which includes threats,
intimidation or acts designed to induce terror.
(5) Depriving another of medical care, housing, food or
other necessities of life.
(6) Restraining the liberty of another.
(z.9) "Domestic Violence" means abuse committed against a
claimant by any of the following:
(1) A current or former spouse of the claimant.
(2) An individual with whom the claimant shares a child in
common.
(3) An individual who is cohabiting with or has cohabited
with the claimant.
(4) An individual who is related by blood or marriage to the
claimant.
(5) An individual with whom the claimant has or had a dating
or engagement relationship.
Section 2. Section 302.1(a)(1) and (c)(1) of the act are
amended to read:
Section 302.1. Relief from Charges.--Notwithstanding any
other provisions of this act assigning charges for compensation
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paid to employes, except for section 302(a)(2), the department
shall relieve an employer of charges for compensation in
accordance with this section and section 213 of this act.
(a) Circumstances allowing relief:
(1) If an individual was separated from his most recent work
for an employer due to being discharged for willful misconduct
connected with that work, or due to his leaving that work
without good cause attributable to his employment, or due to his
being separated from such work under conditions which would
result in disqualification for benefits under the provisions of
section 3 or 402(e.1) and (e.2) of this act, the employer shall
be relieved of charges for compensation paid to the individual
with respect to any week of unemployment occurring subsequent to
such separation. Relief from charges under this paragraph
terminates if the employe returns to work for the employer.
* * *
(c) Relief from charges without a request:
(1) If a claimant is determined ineligible for benefits
under section 3 or 402(b), (e) [or], (e.1) or (e.2) of this act
pursuant to a notice of determination that has become final, the
department shall grant relief from charges in accordance with
subsection (a)(1) to the employer from whom the claimant was
separated, beginning with the earliest week for which the
claimant is eligible for benefits following the week or weeks
governed by the notice of determination.
* * *
Section 3. Section 402(b) of the act is amended and the
section is amended by adding a subsection to read:
Section 402. Ineligibility for Compensation.--An employe
shall be ineligible for compensation for any week--
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* * *
(b) In which his unemployment is due to voluntarily leaving
work without cause of a necessitous and compelling nature
attributable to his employment, irrespective of whether or not
such work is in "employment" as defined in this act: Provided,
That a voluntary leaving work because of a work-related
disability if the employer is able to provide other suitable
work, shall be deemed not a cause of a necessitous and
compelling nature attributable to his employment : And provided
further, That no employe shall be deemed to be ineligible under
this subsection where the Federal Unemployment Tax Act requires
eligibility, and provided that no employe shall be deemed
ineligible under this subsection if the employe is a spouse of a
full-time member of the United States Armed Forces or a full-
time member of any of its reserve components, including the
Pennsylvania National Guard, and the employe is leaving
employment due to the reassignment of the military member to a
different geographical location: And provided further, That no
employe shall be deemed to be ineligible under this section for
voluntarily leaving work if the individual reasonably believes
that due to a domestic violence situation the individual's
continued employment would jeopardize the safety of the
individual. The domestic violence situation shall be verified by
reasonable and confidential documentation as the department may
require, to include a statement supporting the existence of
recent domestic violence from a qualified professional from whom
the individual has sought assistance, such as a counselor,
shelter worker, member of the clergy, attorney or health care
worker and any type of evidence that reasonably proves domestic
violence, but the department may not require an active or
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recently issued protective or other order documenting domestic
violence, or a police record documenting recent domestic
violence, although a claimant may present such documentation as
evidence: And provided further, That no employe shall be deemed
to be ineligible under this subsection where as a condition of
continuing in employment such employe would be required to join
or remain a member of a company union or to resign from or
refrain from joining any bona fide labor organization, or to
accept wages, hours or conditions of employment not desired by a
majority of the employes in the establishment or the occupation,
or would be denied the right of collective bargaining under
generally prevailing conditions, and that in determining whether
or not an employe has left his work voluntarily without cause of
a necessitous and compelling nature attributable to his
employment, the department shall give consideration to the same
factors, insofar as they are applicable, provided, with respect
to the determination of suitable work under section four (t):
And provided further, That the provisions of this subsection
shall not apply in the event of a stoppage of work which exists
because of a labor dispute within the meaning of subsection (d).
Provided further, That no otherwise eligible claimant shall be
denied benefits for any week in which his unemployment is due to
exercising the option of accepting a layoff, from an available
position pursuant to a labor-management contract agreement, or
pursuant to an established employer plan, program or policy:
Provided further, That a claimant shall not be disqualified for
voluntarily leaving work, which is not suitable employment to
enter training approved under section 236(a)(1) of the Trade Act
of 1974. For purposes of this subsection the term "suitable
employment" means with respect to a claimant, work of a
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substantially equal or higher skill level than the claimant's
past "adversely affected employment" (as defined in section 247
of the Trade Act of 1974), and wages for such work at not less
than eighty per centum of the worker's "average weekly wage" (as
defined in section 247 of the Trade Act of 1974).
* * *
(e.2) In which his unemployment is due to discharge or
temporary suspension from work for any of the following reasons:
(1) Failure to obey any reasonable workplace rule or work-
related government regulation or law of which the employe was
aware.
(2) The deliberate damage to property of the employer or
another employe or the theft of an employer's or another
employe's property.
(3) Reporting to work under the influence of alcohol or
illegal drugs or consuming alcohol or using illegal drugs while
at work.
(4) Threatening a coworker or supervisor with physical harm
or threatening to harm the interests of the employer.
(5) Disregard of a supervisor's reasonable directives or
orders or acts of negligence which indicate substantial
disregard for the employer's interests.
(6) Failure to maintain a valid license or certificate that
has been issued by a Federal or Commonwealth agency or political
subdivision and which is a requirement of employment, unless the
failure was for reasons beyond the control of the employe.
(7) Failure to provide good cause for being absent from work
on two or more occasions or failure to report in a proper manner
under the employer's policy for absences from work on two or
more occasions.
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* * *
Section 4. The amendment of section 402(b) of the act shall
apply to initial claims filed on or after January 1, 2019.
Section 5. This act shall take effect immediately.
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